Tenant vacated, owe rent? Regain access?

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    #31
    Lodger not dodger, I don;t dodge:


    Important point is that details matter in landlord/tenant issues.


    re the deed I note their deed, copyright acknowledged seems to say something like ... ....tenant surrenders and releases to the Landlord all their interest in the Property .....
    - now IANAL but I think that means tenant has no further claim on deposit, landlord has no further claim on any arrears.

    For the avoidance of doubt, if I'm not clear what a document means I tend to ask the source of said document.

    I fully agree it ends tenancy: 'umbly suggest you check with them what it means as regards deposit and any arrears.

    This deed
    https://forums.landlordzone.co.uk/fo...406#post577406
    - makes it clear
    5.1 The Tenant releases the Landlord from the Landlord's Obligations

    5.2 The Landlord releases the Tenant from the Tenant's Obligations
    - so deposit is left with landlord, there are no longer any arrears.


    Not massively impressed with the other document, but IANAL so what do I know.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #32
      Originally posted by theartfullodger View Post
      now IANAL but I think that means tenant has no further claim on deposit, landlord has no further claim on any arrears.
      I'm not a lawyer either, but that doesn't do anything but end the tenant's interest in the property, which is the actual surrrender.
      It doesn't say anything (in the specific text quoted) about anything else owed or any other right or liability.

      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #33
        jpkeates & theartfullodger D o S reads : The T herby surrenders and releases to the L all their interest in the Property with vacant possession and the L hereby accepts this surrender. '


        Comment


          #34
          (I knew, member) So ask NRLA what it means for deposit and arrears.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #35
            Yes, rent arrears and damages can be claimed. As the deposit only covers a fraction of what is owed, Would it be make sense to claim a percenage of the total cost for damage and then claim the rent via MCOL? or claim rent and damages via Deposit Scheme?

            Comment

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